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KINMONTH v. HOLM

No. 40,238

180 Kan. 389 (1956)

304 P.2d 494

W.R. KINMONTH and MARY I. KINMONTH, Appellees, v. (ROBERT F. GRIFFITH, Doing Business as ROBERT F. GRIFFITH AGENCY, Defendant) F.R. HOLM and LOIS W. HOLM, Appellants.

Supreme Court of Kansas.

Opinion filed December 8, 1956.

Attorney(s) appearing for the Case

Floyd A. Sloan, of Topeka, argued the cause, and W. Glenn Hamilton, Eldon Sloan and James W. Sloan, all of Topeka, were with him on the briefs for the appellants.

Turner M. Murrell, of Topeka, argued the cause, and Allen Meyers, Philip C. Gault, Herbert A. Marshall, Doral H. Hawks, and Lynn D. Smith, Jr., all of Topeka, were with him on the briefs for the appellees.

The opinion of he court was delivered by

PARKER, J.:

This was an action to recover earnest money paid on a real estate contract. The plaintiffs recovered, hence this appeal.

It is undisputed that on November 20, 1954, the defendants F.R. Holm and Lois W. Holm, as sellers, and the plaintiffs W.R. Kinmonth and Mary I. Kinmonth, as purchasers, entered into a contract in writing which, so far as pertinent to the issues involved, reads:

"The Seller...

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